Western Union Telegraph Co. v. J. B. Corso & Sons
Court of Appeals of Kentucky
Case 40. — ACTION BY J. B. CORSO & SONS AGAINST THE WESTERN UNION TELEGRAPH CO. FOR DAMAGES FOR PROPERTY LOST BY AN ERRONEOUS TELEGRAM.— Appeal from Jefferson Circuit Court, Common Pleas Branch. (3d Division). Thos. R. Cordon, Judge. Judgment for plaintiffs.
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Case 40. — ACTION BY J. B. CORSO & SONS AGAINST THE WESTERN UNION TELEGRAPH CO. FOR DAMAGES FOR PROPERTY LOST BY AN ERRONEOUS TELEGRAM.— Appeal from Jefferson Circuit Court, Common Pleas Branch. (3d Division). Thos. R. Cordon, Judge. Judgment for plaintiffs. Defendant appeals. 1. We submit that the court erred in not sustaining appellant’s motion to strike the second amended petition from the record and in overruling appellant’s demurrer to said amended petition. 2. The court erred in not -sustaining defendant’s motion for a peremptory instruction. 3. The court erred in overruling the…
1Opinion of the Court
Opinion by
Judge Nunn
Affirming.
This appeal is from a judgment for damages for a property loss caused by an erroneously transmitted telegram. The facts are briefly as follows: The appellees were wholesale fruit merchants in Louisville. On April 28, 1899, .through one Adolph Anderson, a fruit broker employed by them in New York, they purchased from the Fruit Auction Co. a carload of lemons. The instructions to the broker were-to purchase a long-keeping lemon. On May 3, 1899, the lemons arrived, and the appellee telegraphed their broker as follows :
“Adolph Anderson, 106 Warren street, New York,…
2Cases cited4 opinions
- Postal Tel. Cable Co. v. SchaeferCourt of Appeals of Kentucky · 1901
- Crossgrove v. HimmelrichSupreme Court of Pennsylvania · 1867
- Stoddard v. HillSupreme Court of South Carolina · 1893
- Tuthill Spring Co. v. SmithSupreme Court of Iowa · 1894
3Cited by2 opinions
- Selma Savings Bank v. Webster County BankCourt of Appeals of Kentucky · 1918
- Napier v. CombsCourt of Appeals of Kentucky · 1924